Activities of Silvia-Adriana ȚICĂU related to 2011/0196(COD)
Plenary speeches (6)
Tachographs and social legislation relating to road transport (debate)
Tachographs and social legislation relating to road transport (debate)
Recording equipment in road transport (A7-0195/2012 - Silvia-Adriana Ţicău) (vote)
Recording equipment in road transport (A7-0195/2012 - Silvia-Adriana Ţicău) (vote)
Recording equipment in road transport (debate)
Recording equipment in road transport (debate)
Reports (2)
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and the Council on the harmonisation of certain social legislation relating to road transport PDF (167 KB) DOC (78 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and the Council PDF (468 KB) DOC (814 KB)
Amendments (16)
Amendment 104 #
Draft legislative resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to the opinion of the European Data Protection Supervisor of 5 October 20111, __________________ 1 Not yet published in the Official Journal.
Amendment 112 #
Proposal for a regulation
Recital 4
Recital 4
(4) In order to ensure coherence between the different exemptions set out in Article 13 ofcreate a level playing field and to improve road safety, social standards and working conditions, the scope of Council Regulation (EEC) No 561/2006, and to reduce the administrative burden on transport undertakings whilst respecting the objectives of that Regulation,3821/85 on recording equipment in road transport should be extended to all commercial vehicles, regardless their maximum permissible distances set out in its Articles 13(d), (f) and (p) should be revisedmass. To ensure coherence, Regulation (EC) No 561/2006 on the harmonisation of certain social legislation relating to road transport should be amended accordingly.
Amendment 127 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15 a) To ensure fair competition on the internal market and to encourage the development of new applications and services based on data recorded by the tachograph, The digital tachograph manufacturers shall make available to the public the protocols used to transmit any data that can be transmitted out of the tachograph whether through the remote communication system or through the standardized interface, forming part of the legal requires of drivers hours legislation and tachograph regulations or not.
Amendment 129 #
Proposal for a regulation
Recital 16
Recital 16
(16) To ensure fair competition in the internal road transport market and to give a clear message to drivers and transport undertakings, the Member States' highest category of sanctions should be imposed for ‘very serious’ infringements (as defined in Commission Directive 2009/5/EC of 30 January 2009 amending Annex III to Directive 2006/22/EC of the European Parliament and of the Council on minimum conditions for the implementation of Council Regulations (EEC) Nos 3820/85 and 3821/85 concerning social legislation relating to road transport activities), without prejudice to the principle of subsidiaritydefinition of very serious infringements against this Regulation should be harmonised and binding in nature and the Member States' highest category of sanctions should be imposed for ‘very serious’ infringements, without prejudice to the principle of subsidiarity. Efforts should also be taken to ensure that the penalties awarded for any infringements are always effective, dissuasive and proportionate.
Amendment 134 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 1– paragraph 1 a (new)
Article 1– paragraph 1 a (new)
1a. This Regulation sets out the conditions and requirements under which the information and data recorded, processed or stored by the tachograph as referred to in paragraph 1 may be used for purposes other than the control of compliance with the legislation referred to in paragraph 1 shall be processed and may be further used for compatible purposes, in accordance with Directive 95/46/EC.
Amendment 162 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 3 a (new)
Article 3 a (new)
Article 3 a Essential requirements 1. Tacographs, tachograph cards and record sheets must comply with stringent technical, functional and other requirements so as to ensure that they fulfil the essential requirements set out in paragraph 2 and that they achieve the objectives of this Regulation. 2. To allow for efficient control of compliance with the applicable social legislation the tachograph shall comply with the following essential requirements: (a) to record accurate and reliable data related to the driver activity and the vehicle; (b) to be secure, in order to guarantee the integrity and the origin of the source of data recorded by and retrieved from vehicle units, motion sensors and tachograph cards; (c) to be interoperable; (d) to be user friendly; 3. Tachographs must be designed and used in such a way as to ensure privacy and personal data protection. 4. Tachographs shall be positioned in the vehicle in such a way that they are fully reachable and readable from the driver's normal sitting position, allow the driver to access and operate safely during driving the necessary functions from his seated position and does not divert the driver's attention from the road. 5. Downloading of data shall be performed with the minimum delay to transport undertakings or drivers. 6. Downloading of data may not alter or delete stored data. The downloading of the detailed speed file may not be necessary to ensure compliance with Regulation (EC) No 561/2006, but may be used for other purposes, such as accident investigation.
Amendment 165 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Recording equipmentTachographs shall be installed and used in all commercial vehicles registered in a Member State which are used for the carriage of passengers or goods by road falling within the scope of Regulation (EC) No 561/2006.
Amendment 206 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1 a. Only data recorded by the tachograph that is strictly necessary for processing in an intelligent transport system (ITS) application may be accessible. Data recorded by the tachograph may be transmitted to ITS applications provided that the following conditions are met: (a) the interface does not affect the authenticity and the integrity of the data of the tachograph; (b) the external device connected to the interface has access to personal data, including geopositioning data, only after the verifiable consent of the driver to which the data relates.
Amendment 211 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 6 a (new)
Article 6 a (new)
Article 6 a Competition and interoperability To ensure fair competition on the internal market and to encourage the development of new applications and services based on data recorded by the tachograph, digital tachograph manufacturers shall make public the protocols used to transmit any data that can be transmitted out of the tachograph whether through the remote communication system or through the standardized interface, forming part of the legal requires of drivers hours legislation and tachograph regulations or not.
Amendment 232 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 21 – paragraph 1
Article 21 – paragraph 1
1. The driver card shall be issued, at the request of the driver by the competent authority of the Member State where the driver has his normal residence. It shall be issued within one month15 days of the request being received by the competent authority.
Amendment 267 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 30 – paragraph 3 – subparagraph 2 a (new)
Article 30 – paragraph 3 – subparagraph 2 a (new)
2 a. Member States shall not impose on drivers the presentation of forms attesting their activities while being away from the vehicle.
Amendment 290 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 37 – paragraph 2
Article 37 – paragraph 2
2. No infringement of this Regulation shall be subjected to more than one penalty or procedure. For any infringement of this Regulation, of Regulation 561/2006 and of the Regulation 3821/1985 both the undertaking and the involved driver or drivers shall be liable.
Amendment 292 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 37 – paragraph 3 a (new)
Article 37 – paragraph 3 a (new)
3 a. After the date referred in Art. 4, paragraph 1, the undertakings found that infringed the this Regulation, Regulation 561/2006 and Regulation 3821/1985 shall be obliged, in six months time, to retrofit their fleet in order to equip it with digital tachograph fitted with smart recording equipment referred in Art. 4, paragraph 1.
Amendment 303 #
Proposal for a regulation
Article 2 – point 1
Article 2 – point 1
Regulation (EC) 561/2006
Article 13 – paragraph 1 – letter d
Article 13 – paragraph 1 – letter d
(1) Article 13, paragraph 1, letter d, first line is modified as follows: - for the purpose of delivering postal items. If recourse to the exception is made, these vehicles shall only be used within a 50 kilometre radius of the base of the undertaking and on condition that driving the vehicle does not constitute the driver's main activity.
Amendment 320 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
Regulation (EC) No 561/2006
Article 13 – paragraph 1 – point (d), (f), (p)
Article 13 – paragraph 1 – point (d), (f), (p)
Amendment 333 #
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
Regulation (EC) No 561/2006
Article 2 paragraph 1 point (a)
Article 2 paragraph 1 point (a)
Article 2 (1) point (a) is replaced by: "by all vehicles or combination of vehicles used for commercial carriage of goods"